Stephen J. Oshins:

CCH: Can you describe the beneficiary controlled trust concept for us?

Mr. Oshins: A beneficiary controlled trust is a trust in which the primary beneficiary is either the sole trustee or a co-trustee, and in either case has the ability to remove and replace the trustees. The trust agreement also includes provisions opting out of the prudent person or prudent man standard so that the primary beneficiary, as trustee, can invest in anything he or she desires just as such individual would be able to do with outright ownership. The primary beneficiary is also given a broad non-general power of appointment that can eliminate any potential interference by remote beneficiaries since a complaining remote beneficiary can be cut out by the primary beneficiary entirely.

from:  ASSET PROTECTION AND THE SPENDTHRIFT TRUST

Richard Oshins could be called the father of the Beneficiary Controlled Trust.  I believe Stephen is his son, but I’m not positive.

Anyone interested in asset protection should read what they have to say.  If you would like to learn the basics first, check out my articles:

Beneficiary Controlled Trust Fact Sheet

and

Asset Protection From the Beneficiary Controlled Trust Up

===

Charles Lamm is a retired attorney and owner of Trustee and RA Services, Inc., in Coral Springs, Florida.  He is now a legal/technology consultant for Accessible Communication for the Deaf.

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Did you ever notice: When you put the 2 words “The” and “IRS”
together it spells “Theirs.”

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“Kahre hadn’t committed a crime. He had upset the Internal Revenue Service by paying his workers based on the face value of gold and silver coins, versus the market value in the Federal Reserve system (the value of the coins in U.S. paper dollars). Even though the coins were in circulation, displayed a face value, and were regulated by Congress, the IRS’s confusing and endless tax code did not determine how to handle these gold and silver coins if used for payroll. The tax code only references dollars. It does not distinguish between coined money and paper money.”

~ Good as Gold

The best tax man I know - Chief Chief - uses nothing but IRS publications to determine courses of action for his clients. I know why.

  1. much of the time, the IRS agents don’t even know or understand their more obscure regulations
  2. if he has beaten them with plain language, they cannot afford to have a court rule in his favor and let everyone take advantage of the loophole

So they leave him alone, at least for now.

=====
You No Longer Have to Advertise on Adwords, Dominate the Search Engines, or Have a Big Email List to Make Five Figures Each Month

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All laws have unintended consequences - results not foreseen when the legislature passed a bill and the executive signed it.

Think Governor Spitzer and structuring and money laundering.

Here is a good article on how the government can turn on you for your money even when they know the source was not from an illegal enterprise:

My Big Fat IRS case

Money laundering is even sillier.  Spitzer may be accused of money laundering for spending his own money on an illegal service.  He wanted sex, not to help a criminal organization make money.

When the government wants your stuff, any excuse will do.  One way to make sure no one comes after your money is not to expose it in your own name in your own bank accounts.

Charles Lamm

Asset Protection Iron Triangle

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View the video by clicking here.

===

If I am a creditor, judgment lien holder, ex-spouse, or an IRS agent coming to take your stuff, and you own it outright in your own name, you really don’t own it anymore.

I do. You just don’t know it yet.

How do you protect your house, property, cars, boats, vacation homes, stocks, bonds, and cash from all of the predators out there? How do you protect yourself from me?

The key is control, not ownership.

You don’t have to go offshore. You don’t need a prenup. And you certainly don’t need some untested, unproven tax dodge that sets off IRS red flags.

All you need is a no-asset C corporation, a manager-managed limited liability company, and a beneficiary controlled trust – all specially designed to work together for maximum asset protection.

Find out more at:

www.corp-llc-bct.com

Before the predators come stalking.

===

Charles Lamm is the distribution trustee for Beneficiary Controlled Trusts. Discover the Asset Protection Iron Triangle on his site at http://www.corp-llc-bct.com and how to protect your valuables from creditors, judgments, lawsuits, ex-spouses, the IRS, and the coming economic meltdown.

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